AR ANSAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners who are in service of Indian Coast Guard RHQ (East), had filed this writ petition praying for the issuance of a writ of mandamus directing the first respondent to fix the scale of pay with effect from particular dates and to place them in Pay Band-2 with Grade Pay of Rs.4,200/- with effect from 01.01.2006 on par with the scales of pay applicable to Central Para Military Force (CPMF) and Border Security Force (BSF).

(2.) THE petitioners came to be appointed in the service of Coast Guard in different capacities. As per the Amended Recruitment Rules dated 7.4.1982, the scale of pay of Rs.950-1500, which came to be revised as per the recommendations of the IV Central Pay Commission. THE educational qualification as per the old recruitment rules dated 20.7.1979 was 10th +2 (Science and Maths). As per the Amended Recruitment Rules, 1982, the essential educational qualification came to be revised as Matriculation + Diploma in Engineering. In spite of educational qualification came to be changed as stated above, the corresponding pay scales remain unchanged. Hence, on 12.5.1997 a detailed representation was sent to the respondents 1 to 3 through proper channel to upgrade the scale of the petitioners as per the recommendations made by V Central Pay Commission. However, the representation was not considered.

(3.) THE first respondent in compliance of the above said order, had considered the representations submitted by the petitioners and others and found that it is not feasible to effect any changes in the existing scale of pay of Yantriks in the Coast Guard.